Legal Opinion · Dissent

State ex rel. Witter v. Forkner

Supreme Court of Iowa

Decided April 2, 1895Published

Appeal from Polk District Court. — Hon.W. A. Spurrier, Judge. Suit in equity to enjoin and abate an alleged liquor nuisance. Tlie cause was- tried to the court, and ai decree entered dismissing plaintiff’s petition* and it appeals.

1DissentKinne, J.

(dissenting). — I. I am unable to concur in the opinion of tbe majority, in so. far as it holds that the act in question is not a delegation of powers of the legislature to the people, to repeal and enact laws, and therefore not unconstitutional. I am deeply impressed with the duty devolving upon courts, in passing upon the validity of statutes, to' uphold them, if possible. I agree that the. statutes should not be set aside save when they are palpably in violation of either the letter of the constitution, or of those underlying fundamental principles upon which our fabric of government…

2Cases cited22 opinions

  1. Santo v. StateSupreme Court of Iowa · 1855
  2. Morford v. UngerSupreme Court of Iowa · 1859
  3. Barto v. . HimrodNew York Court of Appeals · 1853
  4. Fell v. StateCourt of Appeals of Maryland · 1875
  5. Grandy v. CaseySupreme Court of Missouri · 1887

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